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In Re United States, et al.
Paid petition
Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for a federal-government petitioner and counsel who has won certiorari before, and down for no court below (an original writ).
Questions presented
In 2015, plaintiffs—21 minors, an environmental advocacy organization, and a guardian purporting to represent future generations—sued the United States, the President, eight Executive Branch agencies, and other federal defendants for depriving them of an asserted right to “a climate system capable of sustaining human life” under the Due Process Clause of the Fifth Amendment and related legal theories. As relief, plaintiffs ask the district court to order the federal defendants to “move to swiftly phase out CO 2 emissions, as well as take such other action as necessary to ensure that atmospheric CO 2 is no more concentrated than 350 ppm by 2100, including to develop a national plan to restore Earth’s energy balance, and implement that national plan so as to stabilize the climate system.” After three years of litigation, trial is set to begin on October 29,
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The questions presented are as follows:
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Whether this suit is justiciable under Article III.
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Whether this suit should be dismissed for failure to comply with the requirements of the Administrative Procedure Act, 5 U.S.C. 551 et seq.
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Whether this suit should be dismissed because there is no right to “a climate system capable of sustaining human life” under the Due Process Clause or a publictrust doctrine. (I)
Counsel of record
For petitioner
Noel John Francisco
Jones Day
For respondent
Julia Ann Olson
Our Children's Trust
Proceedings
- Jul 29 2019Petition Dismissed - Rule 46.
- Jul 09 2019Letter of July 9, 2019, from the Solicitor General requesting to withdraw the petition for a writ of mandamus filed.
- Nov 23 2018Letter of November 23, 2018, from the Solicitor General filed.
- Nov 19 2018Brief of respondents Kelsey J., et al. in opposition filed.
- Nov 02 2018Application (18A410) referred to the Court.
- Nov 02 2018Application (18A410) denied without prejudice by the Court. The order heretofore entered by The Chief Justice is vacated. (See order for additional language.) Justice Thomas and Justice Gorsuch would grant the application.
- Oct 24 2018Reply of applicants United States, et al. filed.
- Oct 22 2018Response to application from respondents Juliana, Kelsey C. R., et al. filed.
- Oct 19 2018UPON CONSIDERATION of the application of counsel for the applicants, IT IS ORDERED that discovery and trial in the United States District Court for the District of Oregon, in case No. 6:15-cv-01517, are stayed pending receipt of a response, due on or before Wednesday, October 24, 2018, by 3 p.m., and further order of The Chief Justice or of the Court.
- Oct 18 2018Petition for a writ of mandamus filed. (Response due November 19, 2018)
- Oct 18 2018Application (18A410) for a stay, submitted to The Chief Justice.